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Karnataka High Court Quashes FIR Against BJP IT Cell Chief Amit Malviya Over Post on Rahul Gandhi and Operation Sindoor

Karnataka High Court Quashes FIR Against BJP IT Cell Chief Amit Malviya Over Post on Rahul Gandhi and Operation Sindoor

Amit Malviya v. State of Karnataka, Decided on 16.10.2026

The Karnataka High Court has quashed the FIR registered against BJP IT Cell chief Amit Malviya over a social media post criticising Congress leader Rahul Gandhi in connection with Operation Sindoor.

Justice M. Nagaprasanna allowed Malviya’s criminal petition challenging the FIR registered by Bengaluru’s High Grounds Police Station under Sections 192 and 353 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The complaint alleged that Malviya had posted an edited photograph of Rahul Gandhi on his X account on May 20, 2025, along with remarks accusing the Congress leader of speaking the language of Pakistan and questioning his statements regarding the fighter jets lost during Operation Sindoor.

Malviya approached the High Court seeking quashing of the FIR, contending that the criminal proceedings amounted to an abuse of the process of law. The State and the complainant opposed the petition, arguing that the investigation should be permitted to proceed.

Relying on Supreme Court decisions, the Court reiterated that the effect of allegedly objectionable speech must be assessed from the perspective of reasonable, strong-minded individuals, rather than those who perceive every hostile viewpoint as a threat.

The Court emphasised that criminal liability for speech requires the statutory ingredients of the alleged offence to be made out. It also referred to the Supreme Court’s ruling in State of Haryana v. Bhajan Lal on the High Court’s power to quash criminal proceedings to prevent abuse of process and secure the ends of justice.

Holding that continuation of the proceedings would amount to an abuse of the process of law, the Court allowed the petition and quashed the FIR.

Appearances: 
For Petitioners: Sri M Aruna Shyam, Sr Advocate a/w Sri Suyog Herelle E., Advocate
For Respondents: Sri B.N. Jagadeesha, SPP -I for R1
Sri C.M. Dhananjaya, Advocate for R-2.

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Amit Malviya v. State of Karnataka

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